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Practical Heritage Manual 2021.

Special cases of property ownership

Assets and rights of entities without legal personality

The assets and rights held by civil companies, unclaimed estates, community property and other entities that, lacking legal personality, constitute an economic unit or a separate patrimony susceptible to taxation, will be attributed to the common partners or participants , according to the regulations applicable in each case and if these are not recorded by the Administration in a reliable manner, they will be attributed in equal parts.

Goods or rights acquired with deferred payment

Regulations: Art. 8.One Wealth Tax Law

In the acquisition of assets or rights with deferred consideration, in whole or in part, the value of the asset resulting from the rules of this tax will be attributed entirely to the purchaser of the same , who will include among his debts the part of the deferred consideration.

For its part, the seller will include among its assets the credit corresponding to the portion of the deferred consideration.

It is obvious that this postponement of payment, derived from the free will of the seller in agreement with the buyer, means the entry into the assets of the former of a new right which, together with the amount already received, replaces the one previously held over the alienated asset.

Example

Mr. AHM sells to Mr. PPJ a premises for 120,000 euros, receiving 70,000 euros in cash, which is invested in shares admitted to trading, and the remainder being deferred.

The average trading value of the shares acquired by Mr. AHM in the fourth quarter of the year amounts to 65,500 euros.

Determine the declaration of the buyer and seller of the aforementioned premises.

Solution

Statement by Mr. PPJ (buyer):

  • Other urban properties (the acquired premises): 120,000

  • Deductible debts (the debt with Mr. AHM): – 50,000

Statement by Mr. AHM (seller):

  • Shares admitted to trading: 65,500

  • Other assets and rights (the credit against Mr. PPJ): 50,000

Sale of goods with retention of title

Regulations: Art. 8.Two Wealth Tax Law

In the case of the sale of goods with reservation of title, as long as the ownership is not transferred to the purchaser, the latter's right will be computed by the total amounts that he has delivered up to the date of the accrual of the tax, with said amounts constituting debts of the seller, to whom the value of the asset resulting from the tax regulations will be attributed.

Example

Mr. APH sells to Mr. JPA a premises, valued for the purposes of the Wealth Tax at 100,000 euros, for an amount of 120,000 euros, with a retention of title agreement, having received 70,000 euros on account, which is invested in shares admitted to trading with an average trading value for the fourth quarter of 65,500 euros.

Determine the declaration of the buyer and seller of the aforementioned premises.

Solution

Statement by Mr. JPA (buyer):

Other properties and rights (amount paid on account): 70,000

Statement by Mr. APH (seller):

  • Other urban properties (the premises): 100,000

  • Shares admitted to trading: 65,500

  • Deductible debts (collected on account): – 70,000